Your phone rings. You see your loan company’s name appear on your caller ID, and anxiety rises. They are calling again to collect on a debt you just cannot afford to pay. Many of us have been in this situation.
Is there anything you can do? Keep reading to learn how our bankruptcy attorneys at Walker & Walker Law Offices go about stopping creditor harassment during bankruptcy, allowing you to put these embarrassing and stressful calls behind you. Let us review a few ways we can stop creditor harassment during bankruptcy.
The Automatic Stay Provision
Creditor harassment can cause physical and mental health concerns, from anxiety and depression to stress-related conditions, such as high blood pressure. Our compassionate legal team does not want you to have to go through this troublesome experience.
Once you file for bankruptcy, the automatic stay is a provision that immediately halts all collection activity—in theory, that is. This court order is your first line of defense against harassment. The order prohibits lenders from calling you, repossessing your property, garnishing your wages, or initiating a lawsuit against you. After filing for bankruptcy, the automatic stay allows you to immediately stop relentless calls and pressure from creditors.
What Should You Do if a Creditor Ignores the Court’s Notice?
While most creditors comply with a bankruptcy court’s official notice, some do not. If a lender violates the automatic stay and continues to contact you after you file for bankruptcy, stay calm.
Let the lender’s representative know you have entered into Chapter 7, or 13 bankruptcy proceedings and give them your case number. Make a note of the harassment, including date, time, name of the agent, and details of the communication. Next, refer the collection agency to our office and provide them with your Walker & Walker attorney’s name and phone number. We will handle the non-compliant creditor from there, putting an end to aggressive debt collection practices during bankruptcy proceedings.
How To Deal With a Relentless Creditor
Many collection agencies hire ruthless people to recover a debt, and because the agencies typically pay them commission, some can be relentless. The good news is that if they violate the automatic stay provision, they can face legal consequences. Contact our office immediately so we can send the agency a formal notice relating to their unlawful debt collection practices during your bankruptcy process.
If that reminder does not work, we can ask the court to impose sanctions on the offending creditor. The judge may also issue a contempt of court order, and we may have grounds to sue for both monetary and punitive damages.
Reach Out to Our Bankruptcy Attorneys Today To End Stressful Calls From Creditors
Walker & Walker Law Offices has helped thousands of people like you by stopping creditor harassment during bankruptcy so they can regain financial stability. We can get your case started today with no initial cost and complete the entire process over the phone or online.
You should not have to keep dealing with unpleasant phone calls, demanding letters, or other stressful collection efforts. Our attorneys have more than 40 years of experience with daily filings, and we can help you recover your sense of security fast.